Florida Drug Schedules
How Drug Laws Address Different Substances
In Florida, drugs are classified and placed into different categories based upon several factors. These categories primarily focus on each drug's potential for abuse and whether or not there are currently any accepted medical uses for the drug. Many of these Schedules mirror what is laid out in the Controlled Substances Act (CSA), enacted into law by Congress in 1970. On the federal level, the Drug Enforcement Administration and the Food and Drug Administration oversee this. On the state level, however, is it explained in Florida Statute §893.09.
Simple definitions of drug schedules in Florida are as follows:
Schedule I
Florida Schedule I drugs include heroin, ecstasy, peyote, methaqualone, and more. These have a very high potential for abuse and no acceptable medical treatment. Even when used with medical supervision, there are no ways it could meet safety standards. Heavy-handed drug laws include marijuana as a Schedule I substance in Florida. While the state has taken steps to lessen penalties for marijuana, it remains illegal in Florida except for medical purposes.
Schedule II
Florida Schedule II drugs include cocaine, meth, fentanyl, and Vicodin. While drugs classified in Schedule II have less potential for abuse than drugs in Schedule I, there is still the potential for heavy abuse. These drugs do have some accepted medical treatment in the United States. The use of the substance could lead to physical and psychological dependence, as well as physical harm.
Schedule III
Florida Schedule III drugs include codeine, ketamine, anabolic steroids, and testosterone. The potential for abuse with Schedule III drugs is far lower than the two above schedules. While there is an accepted medical use in the U.S., these drugs can still result in low to moderate physical and high psychological dependence.
Schedule IV
Drugs labeled as schedule IV in Florida include Ambien, Xanax, Tramadol, and Valium. Drugs placed in this schedule have a low potential for abuse, along with an accepted medicinal use. The physical and psychological dependence that may occur from the use of these drugs is limited.
Schedule V
Florida Schedule v drugs include Lomotil, Parepectolin, and Motofen. The potential for abuse with Schedule V drugs is even lower than Schedule IV drugs. There are currently accepted medical uses for treatment in the United States, with limited potential for dependence.
How Do Drug Schedules Affect My Case?
These classifications may have a profound impact on the overall outcome of your case. While the amount of the drugs will play a significant role in determining the overall penalties that you could potentially be facing, so will the schedule of the drug. For example, according to Florida Statute §893.13, it is considered a criminal offense to sell, deliver, or possess a controlled substance with the intention to sell it. Florida also has penalties for crimes such as the possession, sale, manufacturing, trafficking, or purchasing of illegal drugs or prescription medications.
Schedule-Based Penalties for Drug Crimes in Florida
While penalties vary depending on the specifics of the case, in general, the state treats drug crimes more seriously if the substances involved are Schedule I drugs, followed by Schedule II, then Schedule III, and so on. Additionally, the penalties might significantly increase depending on how much substance a person is charged with having in their possession. If the drug is a Schedule V substance, for example, the defendant could be facing a first-degree misdemeanor with penalties that include imprisonment for up to 1 year and a fine of up to $1,000. If the drug, however, was a Schedule I substance, the same crime could be considered a second-degree felony.
The Law Offices of Jeff Paulk Can Help You Fight Your Drug Charges
Due to the severity of the potential penalties for a drug crime, it is extremely important that you contact a Tampa drug crime lawyer immediately. Florida drug laws have earned notoriety for their harsh penalties. While some are advocating to change these laws, the best defense is having the assistance of an experienced drug crime defense attorney, like Jeff Paulk of The Law Offices of Jeff Paulk. With more than 20 years of experience, including experience as a former prosecutor, Jeff Paulk is prepared to fight tirelessly for your rights, your future, and your freedom.
If you’re facing drug charges in Tampa, contact our firm right away for a free consultation: (813) 321-7323.
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